California’s Sixth District Court of Appeal upholds lifetime sex offender registration for offenders convicted of lewd acts with minors under Penal Code section 288(c)(1), rejecting an equal protection challenge comparing them to section 288(a) offenders who face shorter registration periods.
The Sixth District ordered a trial court to reinstate blood-alcohol evidence in a DUI murder case, holding that a defendant’s breath-test request is irrelevant to blood-draw warrant probable cause and that the implied consent statute does not override a valid warrant.
Sixth District holds that trial courts lack inherent jurisdiction to correct unauthorized sentences after judgment becomes final, treats the appeal as a habeas petition, and orders the trial court to vacate a post-judgment resentencing that increased the defendant’s sentence.
Sixth District reverses dismissal of multiple criminal cases under Penal Code section 1001.36 mental health diversion, holding that a defendant who commits several dozen new crimes during diversion has not substantially performed the diversion requirements regardless of progress made afterward.
Sixth District holds that the probation department, not the trial court, decides eligibility for Penal Code section 1000.7’s young adult deferred entry of judgment pilot program and rejects separation of powers and abuse of discretion challenges to a denial based on out-of-county residence.
Sixth District holds that impounding a suspended-license driver’s minivan solely to prevent further illegal driving violates the Fourth Amendment community caretaking doctrine and orders suppression of evidence from the resulting inventory search.
Sixth District holds that even if a search of a deceased suspect’s phone violated the California Electronic Communications Privacy Act, suppression is not required because officers acted in good-faith reliance on the mother’s consent.